I rented a house in Indiana, and I live in a different state. It's been 5+ years since I had this tenant. But in their initial application, they did not disclose any pets. The lease is made with the understanding that there are no pets in the house. Whenever I visited, I did not notice any pets in the house.
Recently, one of the tenant's neighbors called me to complain about the loud noise they make at night. They also mentioned that the window blinds were also broken as their pet might have damaged. I was surprised and messaged my tenants about asking if they have a pet and what breed it. They responded back saying it is an ESA dog and they got it a month ago for their son.
How should I respond?
Update(12/16/25): This was our primary single-family home, and we eventually wanted to move back. This is the only property in Indiana, but I own a couple in different state.
Under federal Fair Housing Act (FHA) laws, which apply in Indiana, landlords are generally required to allow emotional support animal (ESA) dogs as a reasonable accommodation for a tenant with a disability.
- Indiana Specifics: An Indiana Court of Appeals ruling clarified that you must tell the landlord about the nature of your disability and the disability-related need for the animal.
It also states that the landlord cannot deny or charge a security deposit.
TBH, I think the lady is lying to me, because it took a while for her to speak the truth about the pet. I will try to get the details of ESA soon.
They should have sent you the ESA letter as soon as they had it. They didnt. They have had the animal for a month, so they are in breach of their contract. You shouldnt find out because they got a complaint about the animal. Also, is this a single family home that you rent out without a realtor? If so you are exempt and can deny ESA's.
Would it not apply if it were a duplex or he used a realtor to show the place?
For a duplex, the owner would have to live in one side of it (properties like duplexes with 4 or fewer units are exempt if the owner lives in one of the units). Single family homes are exempt if the owner rents the unit out themselves (they can't use a realtor or property manager to rent it).
I just went through this with a 4 family property I bought. The owner-occupied multifamily exclusions are actually only for 3 units or less. I was very surprised because I always thought it was 4 or less too. I found out the hard way when I wanted to move in one of my units lol
Umm no… this will get them sued if they don’t check the laws in their city/state. If the dog isn’t damaging the property, is this a hill you want to die on?
The commenter never said to ignore local laws? Of course a landlord would check them in addition to the well known federal exclusions before sending a cure or quit notice or reddit’s advice.
And if he doesn’t want to do that and is willing to allow the dog, ESA owners still have to pay for the damage their pets cause. He can remind the tenants of that.
They’re in Indiana, state law is fine, no additional ones about ESAs beyond the federal.
City law might be an issue, but few cities mandate allowing pets More than the federal laws.
Miss that part?
No it wont. This is the law for that state.
Depending upon how many units you own, you may be immune to this ESA BS. Obviously, the dog is just an untrained pet, and it's doing damage to your home. If you own fewer than four units, and it is rented without an agent, which I'm sure it is by now, you're not subject to ESA no matter whether it's BS or not, and you can just file the notice to quit according to state law.
If not, you can still file it, because they never told you nor got permission nor gave you paperwork, plus you can inspect the house for damage being done to the home, and evict them for that.
They have to notify the landlord doesn’t matter when they got the pet. They have to notify them right away. If it’s an ESA dog, there has to be a letter no an a reasonable accommodation for that dog. Usually he has to come from a psychiatrist unless it’s from your primary. I don’t know what your law are so I’m not an expert. I have an ESA animal. I was paying normal pet rent before she became my esa animal. when she became my ESA animal, I had a lot of from my psychiatrist or the reasonable accommodation form. Then they have to do a whole process on landlord side and no longer pay the rent. She’s my ESA animal.
I don’t know why you’re getting downvoted. This IS in fact the legal thing to do when you’ve already been living in a unit.
I don’t know why I’m getting downvoted either. It is legal fact they can look it up Google simple search. Even if you get an animal dog or a cat, that’s not an ESA animal you have to notify the landlord when you are getting the animal so technically the person here has violated their lease because they did not notify the landlord it’s in the abundant in the lease
I’m disabled so that’s how I knew about the reasonable accommodation for the ESA animal. But I was getting the accommodation for something else and I still have other accommodations. I need to fill out so yeah that legal but I want to go to one of those animal website because that’s not the correct forms that landlords are looking for
Isn't disregarding the ESA requirement only if you live in the building?
There are a couple ways to be exempt from the FHA (which governs ESA requirements).
4-unit building (or smaller) that the landlord lives in.
3 or fewer single family houses (have to manage yourself, not using a broker)
Some states also have more restrictions
Also if less than 4 doors total.
X day Fix or quit notice for unauthorized pet.
And schedule an inspection to check for damages.
Not how ESA works. First they request, provide doctors verification not an online doctor, then you approve or disapprove. Send a cure or quit notice. You might not even have to allow it depending on how many rentals you have and if you self manage.
you can’t disapprove of an ESA unless you fit the requirements which I believe is 3 or less single family homes you manage yourself or 4 or less units with you living on site.
If you don’t fit that requirement and the ESA is prescribed by a doctor, you cannot just say no.
Your advice is a great way to get sued.
In order to qualify under FHA guidelines, they have to provide a letter from a licensed professional AND if the landlord is not exempt from the law AND the esa doesn't cause direct threat or causes significant damage. Exempt: owner occupied with 4 or fewer units or small scale landlord with 3 or fewer single family homes and don't use a rental agent. There are religious organizations and private club exemptions as well. There are additional exclusions.
The point is that they can't just say it's an ESA. The cure or quit would require the letter from a licensed professional or they need to get rid of the dog or move. The tenant needs to make a reasonable accommodation request. Until they do so and provide valid documentation, they are not eligible for FHA protection.
Indiana requires a written request for reasonable accommodation and the letter on letterhead from licensed doctor or therapist. The landlord can also ask for proof of vaccinations if required by local law.
But that’s not what you said, you said “approve or disapprove”
If the letter is legitimate and the dog is prescribed, you can’t “disapprove” unless you fit an exemption.
There are other exemptions where you can disapprove and it sounds, at this point, reasonable accommodation hasn't been requested and the letter hasn't been provided. Cure or quit to provide proper documentation.
Sorry you’re getting down voted. You’re 100% correct.
It’s all good. People regularly give out the worst sometimes even illegal advice on here, lol.
Yes, you CAN not accept an “ESA” when it doesn’t meet the legal qualifications of not only the ESA but the legal requirements of notification and approval. Even with an ESA or an SD, the tenant is responsible for ALL damages caused by the animal and must still abide by the legal terms of the rental unit and local law!
No shit that’s literally exactly what I said regurgitated back to me
You do know there ARE valid doctors doing psychiatric/psychological treatment via phone or video, right?
Most of those sites are garbage. Others aren't, and fully comply with the requirements for ESA documentation.
My son had an ESA and we used Pettable because his regular psychologist wanted us to sign something saying the LL would have access to his entire file. No effin' way!
Pettable was able to have him meet with a psychologist over video, who verified his diagnosis and meds with the old doctor, and talked to him about how his cat helped him. Then she wrote the letter, which included her name, contact information, and license number.
All above board.
It is supposed to be written by a therapist/psychiatrist/psychologist with an established and ongoing treatment relationship with the person requesting an ESA. A single visit does not establish or qualify as a treatment relationship nor is it ongoing. It may be considered as a gray area in strict legalities by some, but it is absolutely not the intention behind the law and policy.
That depends on the state, actually. The federal law doesn't make that specification, but some states do.
Pettable isn't sufficient in all states. Some states require a 30 day history, and some require a locally liscenced doctor. It might be sufficient in your state, but some states have stricter laws because of internet fraud.
They are not allowed to be stricter than federal law. Doing so would be a breach of FHA
Its actually not. Federal law requires ESA documentation. State law can decide what documentation is deemed sufficient. Federal law only provides general guidelines, states can create their own laws with specific requirements within those guidelines. Which is what California (and some other states) have done. The federal law is a baseline, states can create laws that enhance federal protections or add requirements.
But someone needs to challenge it.... that's the rub.
Carefully - ESAs are not considered pets by law under fair housing.
You are though allowed to confirm documentation for the ESA though. I'd send a message that would say something like
"Thanks for letting me know. I'm happy to review this as a reasonable accommodation. Please provide documentation for the ESA.
We did also receive a complaint regarding late night noise & some broken blinds at the property. Regardless of animal status, the lease requires compliance with noise policies & responsibility for property damage. Please let me know if you'd like me to evaluate and quote what replacement of the blinds will be or if you will be addressing them yourself."
This isn't accurate. The law doesn't say anything about this. I'm pretty sure this rumor got started by the FAQ page of one of the sites that sells fake ESA letters
It is 100% accurate - check out https://www.hud.gov/helping-americans/assistance-animals directly from hud. The last sentence under "What Is an Assistance Animal?" says "An assistance animal is not a pet."
Your own link:
A request was made to the housing provider by or for a person with a disability The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and The housing provider has not demonstrated that: Granting the request would impose an undue financial and administrative burden on the housing provider The request would fundamentally alter the essential nature of the housing provider’s operations The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage
Already didn’t make a request before we even get into whether the damage is “significant”
An emotional support animal is not an assistance animal. Period. Full stop. And GTFO! An ESA is an untrained pet. It can be anything someone imagines it to be as it is not real.
An assistance animal is another term for service animal and is not a pet as it is considered a medical device. An ESA is an emotional support animal and that IS A PET, just one with some extra legal protections for housing ONLY.
The actual law doesn't make that distinction
EDIT: Okay, for all the confidently wrong downvoters, show me where in the actual law, the FHA it says this.
It is accurate. While the CFR doesn’t say those words, it defines a service dog as a dog that performs a task and not simply an animal that gives comfort - this is the working animal / pet distinction.
The ADA’s guidance condenses and simplifies this definition to the plain English of working animal, not a pet.
https://www.ada.gov/resources/service-animals-2010-requirements/
ESAs are not service dogs either. ESAs come (indirectly) from the FHA; service dogs come from the ADA. Service dogs are an entirely separate conversation and not something almost any landlord ever encounters because they're so rare
Yes, but they need a reasonable accommodation form for the animal
It is determined by each state, some states will allow with an online professional some won't . Almost all states require an ESA letter from a "licensed" mental health professional and they will give you a list of who is a mental health professional. No you can't up the rent or ask for pet deposit but it can't be a dangerous dog and you still have to comply to your lease like noise issues.
Evict
If they pay on time every month and the rent is near market... Just tell them they are still responsible for any damage from the animal, and then let it be.
ESA are a plague, but at the end of the day a tenant who pays on time and doesn't cause problems for five years is more valuable than dying on some hill of principle.
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So true. there was a court case recently in Louisiana where the complex charged an "animal fee" to everyone. When they were told that the "animal fee" needed to be waived for an ESA they disagreed ans denied the waiving of the fee. When it got before a judge they argues that request for the ESA and request to waive the fee were 2 separate requests and should be considered independently. they offered the tenant a payment plan for the fee which, per the records they had, was achievable for the tenant. The judge agreed.
So the "animal fee" was due because the tenant could afford it. When considering whether to waive the fee it was found that the tenant could afford the fee and it wouldn't affect their ability to live a normal life by paying the fee.
https://law.justia.com/cases/federal/district-courts/louisiana/laedce/2:2024cv00750/268535/93/
"Non-human" animal is a good clairfying term as well.
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Bigotry towards who or what? Humans or non human animals? We're all animals, just classified differently. Like birds vs reptiles vs fish vs mammals.
They've been there five years. Just ask them for a medical note and ask that they take care not to damage anything. Remind them that they're still responsible for damages and noise. It's not that big of a deal.
Do you like these tenants? Are they problem free otherwise? Then find out laws about ESA pets in your state and act accordingly. You will need to balance things out and see what works for you. Damages are still damages- so if there's damage due to a pet , you can still do whatever you would do if it was caused by a person. Not sure if Indiana has sane laws in every city - but check those too.
You said 5 years ago is that 5 years with no problems? If they are a tenant you wish to keep draw up a new lease with a pet deposit it saves you the time from having to go back and find another tenant that is potentially be a larger headache than a ESA pet!
Send a cure or quit. They don't get to just get a pet, call it an ESA, and not tell you. You need to get them out ASAP. Nonrenew or evict but get them out. Cite damage to the unit and complaints from neighbors, don't mention the dog.
So let me get this straight. Tenants paying rent for 5 years, not having to deal with turnover, no visible damage when you go inspect and you are pointing out damage to a window blind? Since when people in this sub stopped wanting to make money ? I swear some folks here give advice like they learned it from TikTok. Send them an updated lease that includes the pet and call it a day.
Because breaking the law and having a pet that is causing damage to the property as well as causing complaints for misbehavior among other tenants is in fact an issue regardless of how long they’ve lived there. It DOES affect their pocket. An ESA is still a pet and still requires PRIOR approval with the legally required documentation. An ESA is not a service animal, but a landlord IS still allowed to ask for legal documentation to prove the animal is in fact task trained for a tenant’s disability.
And in BOTH cases, the tenant is responsible for damages and can also be evicted if breaking the law. Having an ESA is not a have a pet free of consequences card.
I agree with a lot of this but: "breaking the law"
What actual laws are being broken here? What criminal act has occurred?
Not all law is criminal law, my friend
Before even worrying about the laws that might apply, my first thought is do they pay rent on time (or even pretty close to it)? If so, then have a conversation about this. Emails or txts that will memorialize the discussion if it needs to come up later.
Compared to what your costs would be turning this place over between tenants every year, this one has saved you a mint. You live out of state so the dog barking doesn’t bother you. Just coach them on what they need to do to make the neighbor happy.
The conversation will put them at ease and they will be more likely to acknowledge the steps you require and if they don’t meet them, you’ll have a conversation that will hold up in court whether ESA are protected or not.
They've been a good tenant for 5 years. In a similar situation, I let my tenant keep the dog.
Evict. Anyone being shady about an ESA is also someone without the resources or wherewithall to pursue legal action for evicting them. And if they actually do… As others have noted, they are in breach of contract, so you are within your rights to evict.
Non renewal
A service dog wouldn’t damage things in the house. They are trained very well.
It's not a service dog. It's an Emotional Support Animal.
So a pet dog
Ask for documentation from a medical professional showing the need for an ESA. The tenant should have done already. And inspect the unit to see if the ESA caused damage and then respond accordingly. If they have legitimate documentation, you have to allow. You would be allowed to ban an ESA that causes an undue burden: loud noises, excessive property damage, etc.
ESA- are Emotional Support Animals. They are not trained for specific tasks. They are just a pet (property is what law says).
An actual Service Animal - has training for Specific tasks they are required to perform. As in notifying an Epileptic about a seizure, a Diabetic about low blood sugar/high blood sugar, helping the blind, helping those with PTSD. Etc.
A
I live in IN, and a landlord also, an ESA needs a letter as soon as the "DOCTOR" says they need one, I did have a tenant in IN also, I evicted them, as its still a pet per the judge, i have MS I have a service animal there is a difference from a service animal VS a ESA, I evicted a few things, 1) I was never notified and ESA is not a service animal. 2) I have a clause in my contract that you must notify in 15 days of a ESA or Service animal 3) no pet deposit, insurance, and the dog was marking everywhere.
I have a service dog, she is a pit she is 10yr 8mo, never leaves my side.... in her collar I have medication hidden I can access if my (MS w/ ME+CFS) acts up.... I have even had an argument with a McDonalds employee about her once, I don't make wear a "vest" as it is not legally required.
Be lucky they said ESA and not a "service dog" under ADA you don't need paperwork for a "service dog" and limited questions you can ask.
Emotional-Support-Animals-Fact-Sheet-Eng-2024.9.24.pdf this is from indy.gov and good reading
Service Animal or Emotional Support Animal: What's the Difference? | ADA National Network also good reading
Well they need a signed document from a licensed mental health care provider in your state. Most won't put their name and license on a fake one so she needs to get that in your hands. If she doesn't come up with that then that is a pet and you can either issue a quit or evict of ask for pet deposit and up the rent, what ever your state allows. Above all else she needs an ESA letter and then you call the practitioner and verify they signed it. There is stuff you can get off the web that is fake and a lot of people use them but they have no licensed people behind them.
Are they good tenants? Do they take care of the property and pay on time? I mean, yes, they have a dog. Ok- maybe ask for a pet deposit and rent. Talk to them before you freak out. And by the way- your neighbor is a busy body. My god- maybe they were going to buy new blinds but haven’t gotten to it yet. Lord knows there is some crap I need to fix but just haven’t yet. Doesn’t really seem like a big deal
Do not allow them to use an online Dr it's a scam anyone gets it for esa and service pats and the dogs are never trained.
Emotional Support Animal is not a service animal.
There's a lot of suggestions here, and I think many are over-reacting.
First step is to ascertain if the tenant qualifies for ESA. You do that by requesting documentation from a medical professional from the tenant. Second is you verify the document and the provider of said letter to determine if it's a legitimate. Third, you find out what laws are applicable in your state. For instance, in Florida it is now required that the medical professional has some sort of first hand knowledge of the person, that is, if they're under some sort of care, in-person meeting and so on.
You then have to weigh it against if they're a good tenant, and if you're concerned about this animal being there i.e. do you want them out?
Depending on the reason, you may be careful about trying to get them out. The first step is not to "deny" them and threaten them in any way. You always give them the option to provide proper documentation if the documentation is not sufficient and then proceed from there.
The reason is there may be different laws in your state, they may lodge a lawsuit against you if you deny them, and they indeed have legitimate reason to have an ESA. Since you aren't sure, your best bet is to always allow them to furnish proper documentation.
The fact that they didn't notify you, I don't believe is sufficient to evict or ask them to remove the animal. Don't jump to conclusion and take actions. Instead, ask questions and ask for evidence/documentation. Then decide.
Non renewal. Hiding things from you is unacceptable.
Check the law in Indiana. ESAs are state-recognized in some places and not in others. If Indiana mandates that you recognize ESAs, they will have the right to keep it. But they still should have informed you in advance and sent you the letter certifying the need for the ESA.
So, if an ESA-friendly state, write your tenant, remind them they should have discussed the dog with you, and ask them to send you the letter certifying the dog as an ESA.
Do you really think they are telling the truth about ESA? I have to do a proper inspection because, in 5 years I never met the lady during my visits, seems to me like she takes the pet/s out.
I may be wrong, but I do not believe that an emotional service animal is a true service animal, and therefore is NOT covered by the ADA.
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Evict these liar, unresponsible pet owner👎🏻
You may be able to verify you are exempt from having to accept a ESA animals. And even if not they are not allowed to keep people awake with noise or cause damage.
You need to send someone to inspect the property asap.
Also get a copy of the doctor's not and verify it's not one of the fake online providers.
But first check if your exempt. God I would be pissed
Yeah this is an issue. Especially for insurance purposes. Is this dog a pit bull or some other "high risk" breed? Insurance could cancel you or charge astronomical rates, regardless of some fake online "doctor" saying the kid needed it.
(Im not arguing about risks with specific dogs nor do I hold animosity towards certain breeds. It's purely an insurance consideration, not a moral judgement of breed)
Ask for the name of the doctor prescribing the animal and permission to contact the doctor concerning this 'prescription'. Also, an ESA should be trained. Ask for the name of the trainer and who the trainer works for. That might yield some interesting answers. (or creative lies)
All they have to do is a give a letter from the doctor, you can call and verify that’s it’s valid and legit, but you don’t get to ask more questions to the doctor. Esa’s are not required to be trained or have any formal training. You’re not even allowed to ask for training info if it was a service dog, because even they can owner train. Your advise can get someone in legal trouble
ESA aren't required to be trained, they should have a CGC, but it's not a requirement.
I’m sorry and this is not helpful but I hate this ESA loophole shit so much lmao. I considered getting a dog as an ESA but people making a mockery of it made me not want to (among other reasons but that was a big one). It just feels like this is only ever being used as a way to get away w having pets. My right elbow/arm is messed up from an injury that didn’t heal properly and I have young daughters (who like to have friends stay over). I wanted a dog for protection bc I just know I can’t defend myself/them that well without fucking up my arm.
** also no, please no one recommend just getting a gun lmao I don’t like them but I can’t shoot one anyway bc my elbow injury (nerve damage, I can’t pull a trigger or anything like that)
ESA IS NOT A PET. TRY AGAIN.
AN ESA IS A PET PER FEDERAL AND STATE LAW AS AN ESA IS NOT A TASK TRAINED SERVICE ANIMAL WHICH IS CONSIDERED A MEDICAL DEVICE!
Maybe know the law and ANYTHING about ESAs and SDs before screaming online.
An ESA is a pet- just one that comes with HOUSING protections. It still MUST come with verification from a mental health provider that has continuing care of the patient. An ESA must be approved PRIOR to bringing one in the rental property. The owners are still responsible for any damages and for following the law and can be evicted due to the PET causing problems.
What is it then?
I didnt see this is Indiana and not sure what their laws are so forgive me but in PA the standard PA Residential lease states “Guide and support animals are not pets”
I would check with your state, there’s a chance if the dog is certified they don’t HAVE to tell you about it/ disclose on the lease, and you can’t do anything about it
This. Not sure how IN works but CA law is extremely clear on the fact that ESAs & service animals are not pets, are exempt from any additional security deposits/fees, and the tenants are not required to provide any documentation to substantiate the reason for these animals or the certification there of. In fact, if a landlord even asks about paperwork they can be hit with an Unruh violation which carries a minimum penalty of $3200.
Exactly. Word for word from a quick Google search
“In California, the federal Fair Housing Act (FHA) and state Fair Employment and Housing Act (FEHA) require landlords to provide reasonable accommodations for service and assistance animals, treating them as medical aids, not pets, under "no-pet" policies. Landlords must waive pet fees/deposits, breed/size restrictions, and allow these animals if a tenant has a disability and a documented need for the animal, though they can deny if the animal poses a direct threat or causes undue burden, but cannot ask for specific medical records or charge fees.”
It says "documented need for an animal". So even if in CA, one can still ask for documentation.
And California law AB 468, adopted in 2022, requires state residents to have a 30-day relationship with a licensed mental health professional (LMHP) before they can be provided with an ESA letter.
But that’s really as far as OP will be able to go. As soon as OP was told that the animal is an ESA, and they’ve only had the ESA since a month ago; nothing else can be done. OP can’t have them evicted for violating the lease, can’t make the tenant reapply with a pet fee, can’t charge monthly pet rent/ can’t increase the rent etc.
True but legally-allowable documentation can be as simple as the tenant stating in writing “I have a disability as defined by the ADA and as a reasonable accommodation I require the presence of an Emotional Support Animal.”
https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Emotional-Support-Animals-and-Fair-Housing-Law-FAQ_ENG.pdf
AB 468 appears to supercede that linked site. Healthcare professional documentation section. Self attestation is not sufficient.
Ha! Well that’s probably because I’m a CA resident with a service animal and well versed in stuff like this. To be fair, when I was looking for a new place recently I purposely looked at/applied for units that allowed pets because I felt that would make for the easiest conversation when I informed the LL of my service animal.
ESA aren't certified or registered.
For real, it's wild how many people on here are rabidly aggressive about the loss of control regarding an animal being an ESA. Sounds like the tenants got their kid a dog for Christmas, live and let live. Imagine not having anything to stress over besides a stranger getting an animal to help their child address personal health issues.
Yeah it’s kind of crazy all the ppl saying eViCt over this, like what? The tenant has been there for 5 yrs without any issues, I would assume any sane LL would rather try and work it out than go through all that with a good tenant. Smfh
For these people, it's not a business issue (despite what may be said), it instead is just a class issue. "Bank doesn't give me slack, so 1 day late and I evict!"
Like okay, that's a reason, but plenty of people own property outright, and can afford more strategic decisions based on longterm perspective, and max profit based on avoiding vacancies.
Legitimate service animal or not, it takes a little time for any creature to get settled into a new living situation. Agree that people need to calm down about stuff like this.
Imagine being the Grinch who swoops in angrily because a child got a puppy for Christmas... smh.